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(8) Rene and Lily got married after a brief courtship.

After one month, Lily discovered that while
Rene presented himself as a macho man he was actually gay. He would not go to bed with her. He
kept obscene magazines of nude men and always sought the company of handsome boys. What
legal remedy does Lily have?
(A) She can file an action for annulment of marriage on ground of fraud.
(B) She can seek a declaration of nullity of the marriage based on Rene’s psychological
incapacity.
(C) She can go abroad and file for divorce in a country that can grant it.
(D) She has none since she had the opportunity to examine the goods and freely entered
into the marriage
(13) Manuel came to Manila and married Marianne. Unknown to Marianne, Manuel had been
previously convicted in Palawan of theft and served time for it. After Marianne learned of his
previous conviction, she stopped living with him. Can Marianne seek the annulment of the marriage
based on Manuel’s nondisclosure of his previous crime?
(A) No, since the assumption is that marriage forgives all past wrongs.
(B) Yes, since the non-disclosure of that crime is the equivalent of fraud, which is a ground
for annulment.
(C) No, in case of doubt, the law must be construed to preserve the institution of marriage.
(D) No, since Manuel already served the penalty for his crime.
(14) Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later worked in Rome
where he acquired Italian citizenship. He got a divorce from Helen in Rome but, on returning to the
Philippines, he realized his mistake, asked forgiveness of his wife, and resumed living with her. They
had 2 more children. What is the status of their 4 children?
(A) The children born before the divorce are legitimate but those born after it are not since
Arthur got the divorce when he had ceased to be a Filipino.
(B) The divorce rendered illegitimate the children born before it since the marriage that begot
them had been nullified.
(C) The children born before and after the divorce are all legitimate since Philippine law does
not recognize divorce.
(D) All the children are legitimate since they were born of the same father and mother.


(23) X and Y, although not suffering from any impediment, cohabited as husband and wife without
the benefit of marriage. Following the birth of their child, the couple got married. A year after,
however, the court annulled the marriage and issued a decree of annulment. What is the present
status of the child?
(A) Legitimated.
(B) Illegitimate.
(C) Natural child.
(D) Legitimate.
(25) X and Y agreed verbally before their marriage (a) on the paternity of the illegitimate child of Y
and (b) on the economic regime that will govern X and Y’s property relations. Is the verbal
agreement valid?
(A) No, because a marriage settlement to be valid should be in writing.
(B) Yes, since ante-nuptial agreements need not be in writing.
(C) No, because a marriage settlement cannot include an agreement on the paternity of an
illegitimate child.
(D) Yes, since even if it is not a valid marriage settlement, it is a valid verbal contract.
(26) Spouses X and Y have a minor daughter, Z, who needs support for her education. Both X and
Y, who are financially distressed, could not give the needed support to Z. As it happens, Z’s other
relatives are financially capable of giving that support. From whom may Z first rightfully demand
support? From her
(A) grandfather.
(B) brother.
(C) uncle.
(D) first cousin.





(27) Fidel, a Filipino with fair complexion, married Gloria. Before the marriage, Gloria
confessed to Fidel that she was two-month pregnant with the child of a black African who
had left the country for good. When the child was born, Fidel could not accept it being too
black in complexion. What is the status of the child?
(A) Illegitimate, because Gloria confessed that the child is not Fidel’s.
(B) Illegitimate, because by the color of its skin, the child could not possibly be that of Fidel.
(C) Legitimate, because the child was born within a valid marriage.
(D) Legitimate, because Fidel agreed to treat the child as his own after Gloria told him who
the father was.
(28) The husband’s acts of forcibly ejecting his wife without just cause from the conjugal dwelling
and refusing to take her back constitutes
(A) desertion.
(B) recrimination.
(C) constructive abandonment.
(D) de facto separation.
(41) X and Y, both Filipinos, were married and resided in Spain although they intend to return to the
Philippines at some future time. They have not executed any marriage settlements. What law
governs their property relations?
(A) They may choose between Spanish law and Philippine law.
(B) Philippine law since they are both Filipinos.
(C) No regime of property relations will apply to them.
(D) Spanish law since they live in Spain.
(44) Illegitimate brothers and sisters, whether of full or half-blood, are bound to support each other,
EXCEPT when
(A) the brother or sister who needs support lives in another place.
(B) such brothers and sisters are not recognized by their father.
(C) the brother or sister in need stops schooling without valid reason.
(D) the need for support of a brother or sister, already of age, is due to the latter's fault.

(48) Illegitimate children, those not recognized by their biological fathers, shall use the surname of
their
(A) biological father subject to no condition.
(B) mother or biological father, at the mother’s discretion.
(C) mother.
(D) biological father unless he judicially opposes it.
(54) A left B, his wife, in the Philippines to work in Egypt but died in that country after a year’s
continuous stay. Two months after A’s death, B gave birth to a child, claiming it is A’s child. Who can
assail the legitimacy of the child?
(A) A’s other heirs apart from B.
(B) The State which has interest in the welfare of overseas contract workers.
(C) Any one who is outraged by B’s claim.
(D) No one since A died.
(55) QR and TS who had a marriage license requested a newly appointed Judge in Manila to marry
them on the beach of Boracay. Since the Judge maintained Boracay as his residence, he agreed.
The sponsors were all public officials. What is the status of the marriage.
(A) Valid, since the improper venue is merely an irregularity; all the elements of a valid
marriage are present.
(B) Void, because the couple did not get local permit for a beach wedding.
(C) Voidable, because the Judge acted beyond his territorial jurisdiction and is
administratively liable for the same.
(D) Void, because the Judge did not solemnize the marriage within the premises of his court.
(56) X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license issued by the
Philippine consul in Los Angeles, acting as Civil Registrar. X and Y did not know that they were first
cousins because their mothers, who were sisters, were separated when they were quite young.
Since X did not want to continue with the relation when he heard of it, he left Y, came to the
Philippines and married Z. Can X be held liable for bigamy?
(A) No since X’s marriage to Y is void ab initio or did not exist.
(B) No since X acted in good faith, conscious that public policy did not approve of marriage
between first cousins.
(C) Yes since he married Z without first securing a judicial declaration of nullity of his
marriage to Y.
(D) Yes since his first marriage to Y in Los Angeles is valid.

(59) The wife filed a case of legal separation against her husband on the ground of sexual infidelity
without previously exerting earnest efforts to come to a compromise with him. The judge dismissed
the case for having been filed without complying with a condition precedent. Is the dismissal proper?
(A) No, efforts at a compromise will only deepen the wife’s anguish.
(B) No, since legal separation like validity of marriage is not subject to compromise
agreement for purposes of filing.
(C) Yes, to avoid a family feud that is hurtful to everyone.
(D) Yes, since the dispute could have been settled with the parties agreeing to legal
separation.


(63) Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to question the
validity of their marriage two years after the intimidation ceased, Judy decided in the meantime to
freely cohabit with Baldo. After more than 5 years following their wedding, Judy wants to file a case
for annulment of marriage against Baldo on ground of lack of consent. Will her action prosper?
(A) Yes, the action for annulment is imprescriptible.
(B) No, since the marriage was merely voidable and Judy ratified it by freely cohabiting with
Baldo after the force and intimidation had ceased .
(C) No, since the action prescribed 5 years from the date of the celebration of the marriage.
(D) Yes, because the marriage was celebrated without Judy's consent freely given.

(64) Is the wife who leaves her husband without just cause entitled to support?
(A) No, because the wife must always be submissive and respectful to the husband.
(B) Yes. The marriage not having been dissolved, the husband continues to have an
obligation to support his wife.
(C) No, because in leaving the conjugal home without just cause, she forfeits her right to
support.
(D) Yes, since the right to receive support is not subject to any condition.
73) Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in Illinois, USA, where the
marriage was valid. Their parents gave full consent to the marriage of their children. After three
years, Joseph filed a petition in the USA to promptly divorce Jenny and this was granted. When
Joseph turned 25 years, he returned to the Philippines and married Leonora. What is the status of
this second marriage?
(A) Void, because he did not cause the judicial issuance of declaration of the nullity of his
first marriage to Jenny before marrying Leonora.
(B) Valid, because Joseph's marriage to Jenny is void, he being only 17 years of age when
he married her.
(C) Valid, because his marriage to Leonora has all the elements of a valid marriage.
(D) Void, because Joseph is still considered married to Jenny since the Philippines does not
recognize divorce.
(75) No decree of legal separation can be issued
(A) unless the children’s welfare is attended to first.
(B) without prior efforts at reconciliation shown to be futile.
(C) unless the court first directs mediation of the parties.
(D) without prior investigation conducted by a public prosecutor
79) The husband assumed sole administration of the family’s mango plantation since his wife
worked abroad. Subsequently, without his wife’s knowledge, the husband entered into an antichretic
transaction with a company, giving it possession and management of the plantation with power to
harvest and sell the fruits and to apply the proceeds to the payment of a loan he got. What is the
standing of the contract?
(A) It is void in the absence of the wife’s consent.
(B) It is void absent an authorization from the court.
(C) The transaction is void and can neither be ratified by the wife nor authorized by the court.
(D) It is considered a continuing offer by the parties, perfected only upon the wife’s
acceptance or the court’s authorization.
(84) Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifer’s business partner for
recovery of property with damages. The complaint did not allege that Janice exerted earnest efforts
to come to a compromise with the defendants and that such efforts failed. The judge dismissed the
complaint outright for failure to comply with a condition precedent. Is the dismissal in order?
(A) No, since Laura is a stranger to the sisters, Janice has no moral obligation to settle with
her.
(B) Yes, since court should promote amicable settlement among relatives.
(C) Yes, since members of the same family, as parties to the suit, are required to exert
earnest efforts to settle their disputes before coming to court.
(D) No, the family council, which would ordinarily mediate the dispute, has been eliminated
under the Family Code.
(87) When does the regime of conjugal partnership of gains begin to exist?
(A) At the moment the parties take and declare each other as husband and wife before
officiating officer.
(B) At the time the spouses acquire properties through joint efforts.
(C) On the date the future spouses executed their marriage settlements because this is the
starting point of their marital relationship.
(D) On the date agreed upon by the future spouses in their marriage settlements since their
agreement is the law between them.
(88) Josie, 18, married Dante, 25, without her parents’ knowledge and consent, and lived with him.
After a year, Josie returned to her parents’ home, complained of the unbearable battering she was
getting from Dante, and expressed a desire to have her marriage with him annulled. Who may bring
the action?
(A) Dante.
(B) Her parents.
(C) Josie herself.
(D) The State.
(89) X, a married man, cohabited with Y, an unmarried woman. Their relation bore them BB, a baby
boy. Subsequently, after X became a widower, he married Y. Was BB legitimated by that marriage?
(A) Yes, since his parents are now lawfully married.
(B) Yes, since he is an innocent party and the marriage rectified the wrong done him.
(C) No, since once illegitimate, a child shall always remain illegitimate.
(D) No, since his parents were not qualified to marry each other when he was conceived.
(93) Josie owned a lot worth P5 million prior to her marriage to Rey. Subsequently, their conjugal
partnership spent P3 million for the construction of a house on the lot. The construction resulted in
an increase in the value of the house and lot to P9 million. Who owns the house and the lot?
(A) Josie and the conjugal partnership of gains will own both on a 50-50 basis.
(B) Josie will own both since the value of the house and the increase in the property’s value
is less than her lot’s value; but she is to reimburse conjugal partnership expenses.
(C) Josie still owns the lot, it being her exclusive property, but the house belongs to the
conjugal partnership.
(D) The house and lot shall both belong to the conjugal partnership, with Josie entitled to
reimbursement for the value of the lot.
(95) Conrad and Linda, both 20 years old, applied for a marriage license, making it appear that they
were over 25. They married without their parents’ knowledge before an unsuspecting judge. After the
couple has been in cohabitation for 6 years, Linda’s parents filed an action to annul the marriage on
ground of lack of parental consent. Will the case prosper?
(A) No, since only the couple can question the validity of their marriage after they became 21
of age; their cohabitation also convalidated the marriage.
(B) No, since Linda’s parents made no allegations that earnest efforts have been made to
come to a compromise with Conrad and Linda and which efforts failed.
(C) Yes, since the marriage is voidable, the couple being below 21 years of age when they
married.
(D) Yes, since Linda’s parents never gave their consent to the marriage.
(97) Venecio and Ester lived as common-law spouses since both have been married to other
persons from whom they had been separated in fact for several years. Hardworking and bright, each
earned incomes from their respective professions and enterprises. What is the nature of their
incomes?
(A) Conjugal since they earned the same while living as husband and wife.
(B) Separate since their property relations with their legal spouses are still subsisting.
(C) Co-ownership since they agreed to work for their mutual benefit.
(D) Communal since they earned the same as common-law spouses.